agrees and understands that the only warranty or guarantee made
concerning the fitness, quality, design, condition, capacity,
suitability, reliability, or performance of any hardware or
software sold or provided to Customer by Web-Access is made
by the manufacturer of said product and set such product. Web
Access shall not be liable in any event for loss of use, toll
or long distance telephone charges, profit, revenue, consequential
damage, or any claim for damage resulting from the use of purchased
hardware, use of the Internet and software, or interruption
of such service for any cause. The liability of Web Access for
any cause shall never exceed the actual amount paid Web Access
by the Customer.
agrees and understands that Web Access and agents have no control
of information and services provided through the Internet and
the Customer hereby expressly releases, holds harmless and agrees
to indemnify Web Access and agents from any and every claim
which might be made by any person by virtue of Customers
access to and use of the Internet.
Customer agrees and understands that the Internet is unrestricted
and uncensored, and that certain material may be distasteful
and unsuitable for children. Customer agrees and understands
that Web Access has no control over other Internet sites and
that it is the Customers sole responsibility to prevent
viewing of inappropriate material by children.
executing this agreement and/or using the system, the Customer
expressly agrees to abide by all system rules as published from
by Web Access. Customer has acknowledged receipt of a current
copy of the system rules in effect at the time of activation.
System rules may be modified at any time by Web Access, with
such changes to be published on the Web Access Home Page. Customer
agrees to accept Web Accesss interpretation of all system
Access agrees to use its best reasonable efforts to keep all
electronic mail (e-mail) messages private and confidential,
and agrees that the Customer is the sole owner of any e-mail
messages posted by Customer to the system. In the event Web
Access reasonably believes Customer is violating system rules,
Web Access may review Customers e-mail If it is determined
that a violation has occurred, Web Access may exercise the remedies
provided in Section 6 of this agreement. Customer acknowledges
and agrees that the recipients of e-mail are under no obligation
to keep it confidential, and that in the event government authorities
investigate of seize the system, Customer e-mail may be reviewed.
Web Access has reason to believe Customer is in violation of
any system rules, or is conducting any activities we believe
harmful to Web Access, the system, or other users, Customer
expressly agrees that Web Access may exercise any or all of
the following remedies:
Web Access may immediately terminate Customers access
to the system, and shall have no obligation to return e-mail
or other files stored on the system.
Web Access may report the matter to the proper authorities and
fully cooperate with any official investigation.
Web Access may exercise any other right, remedy, or action which
is appropriate in view of the violation of system rules or other
agrees to pay for all services used in a timely manner, in accordance
with Web Access billing policies. Customer agrees and
understands that base service is billed one month in advance,
and that any overages are billed on month in arrears.
recognizes and acknowledges that any software provided by Web
Access for access to the system is copyrighted material, and
that Customer may not sell, give transfer, or copy said software
provided by Web Access.
acknowledges and agrees that any passwords issued by Web Access
for system access are for the sole use of Customer, and that
Customer may not allow others to use his/her password to access
the system. Violation of this article shall be cause for immediate
termination of service.
may not resell any service purchased from Web Access without
the express written consent of Web Access.
agrees to all terms and conditions in the Subscriber Agreement
and this Service Agreement for Web Access services. Acceptance
of these terms and conditions is indicated by the Customers
first and continued use of the service.
hereby agrees and consents to the obtainment by Web Access of
any and all personal credit and/or financial information and
does hereby agree and consent to Web Access use thereof
for the purpose of waiving any security deposit or determining
whether or not service to Customer should be initiated or continued.
Customer agrees to indemnify, hold harmless, and release Web
Access from any claim made as a result of the use and/or obtainment
of such information. Web Access reserves the right to charge
a security deposit.
acceptance by Web Access, this Customer Service Agreement and
any exhibits, riders, amendments, or supplements attached hereto
shall constitute the entire Agreement between Customer and Web
Access, shall supersede any prior or contemporaneous understandings
or written or oral agreements between the parties respecting
the within subject matter.
assents to any terms and conditions of this agreement which
are additional or are different from those proposed either orally
or in writing by Customer.
the sole discretion of Web Access, service may be commenced
prior to or subsequent to the obtaining and verifying of credit
and financial information as authorized herein. Web Access reserves
the right to demand a deposit and/or terminate service if, in
the sole discretion of Web Access, Customers credit or
financial information proves unsatisfactory during the term
of this agreement.
certifies and warrants that the information given in the application
is true and correct.
charged for services under this agreement are subject to change
right or remedy herein conferred upon or reserved to Web Access
is exclusive of any other right or remedy herein or by law or
equity, and may be enforced concurrently or from time to time.
hereby waives and agrees not to assert any and all existing
or future claims, defenses, and offsets against any payment
due hereunder. Customer agrees to pay all charges due here,
regardless of any claim, defense, or offset which may be exerted
by Customer or on Customers behalf.
delegation of any obligation hereunder by Customer shall not
relieve Customer of said obligation.
term or condition of this agreement may be waived or modified
except by the written consent of Web Access. Forbearance or
indulgence by Web Access in any regard whatsoever shall not
constitute waiver of any term or condition, nor shall it constitute
a waiver as to any future default or defaults, whether of like
of different character.
of all notices under this agreement shall be deemed sufficient
if given personally or mailed to the party involved at its respective
address set forth in this agreement, by US mail, or at such
address as the notified party may from time to time request
in writing. Any notice mailed to such address shall be considered
effective at the time of mailing.
agreement shall be construed under and in accordance with the
laws of the State of Texas. If any one or more of the provisions
contained herein shall be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision hereof, and this agreement
shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
service charge may be imposed for all returned checks, not to
exceed the maximum allowed by law.
Access assumes no responsibility for interruptions of service
caused by acts of God, force majeure, catastrophe, etc.
accounts not current by the 30th of each month will have a $5.00
late fee assessed on their monthly statement.
service is suspended by Web Access for nonpayment or other cause,
a service charge of $10.00 will be imposed at reactivation.
- Initial activations,
renewals, reactivations, and plan changes may only include those
rate plans being offered at the time of activation, renewal, reactivation,
or plan changes.
assumes responsibility for any and all charges associated with
the use of his/her account including long distance or toll charges
incurred through the use of his/her account. It is the Customers
responsibility to contact his/her local telephone company to
determine if use of a particular Web Access dial up number will
incur toll or long distance charges.
Customer believes that Web Access has billed the Customer in
error, the Customer must contact Web Access within 30 days of
the billing date. Refunds or adjustments will not be given for
any charges which are more than 60 days old.
may terminate this agreement at any time only in person, by
telephone, e-mail, or in writing. If by telephone or in person,
Customers termination will be acknowledged by a confirmation
number from Web Access billing only.
of this agreement does not release Customer from obligation
to pay all accrued charges to Customers account.
advice or information given by Web Access, its affiliates, its
contractors, its agents, or their respective employees shall
create any warranty or responsibility.
system may not be used for any activity which may violate any criminal
or civil laws. These include, but are not limited to, any activities
involving drugs, gambling, prostitution, pornography, spreading
computer viruses, cracking computer security systems, infringing
on intellectual property, trafficking in credit card numbers, fraudulent
marketing schemes, or trafficking in cellular telephone fraud information.
system may not be used to distribute mass unsolicited e-mail containing
commercial advertisements or to post commercial advertisements to
inappropriate locations on the Internet.
system may not be used to publish defamatory statements directed
to or about other persons or entities on the Internet.
must respect the conventions and rules of newsgroups, mailing lists,
and other networks, even if those conventions and rules are more
restrictive than Web Access.
The system may
not be used to violate the copyright interest or other intellectual
property interests of any person or entity. This includes, but is
not limited to the distribution or sharing of copyrighted software
in violation of the copyrighted software in violation of the copyright
including Home Page Customers, may not post any material to the
system which is obscene, vulgar, or blatantly offensive to the prevailing
moral standards of the community.